Terms And Conditions of Use And Privacy Policy 利用規約およびプライバシーポリシー

Effective Date: May 2014
Welcome to the zspace.com Web Site (“Web Site” or “Site”). By using the Web Site, You ( “You” or “Your(s)” ) agree to follow and be bound by the following terms ( “Terms” ). We may revise these Terms of Use at any time without notice to You.

Use of Content on the Web Site

You may download, view, copy and print content, white papers, data sheets and other documents, photos, and graphics incorporated in these documents (Content) from the Web Site subject to the following: (a) the Content may be used solely for personal, informational, noncommercial purposes (unless otherwise contracted); and (b) the Content may not be modified or altered in any way. Except where Your use constitutes fair use under copyright law, You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web Site in whole or in part without the express written authorization of zSpace ®.

Third Party Web Sites, Content, Products and Services

The Web Site provides links to web sites and access to content, products and services from third parties. You agree that zSpace is not responsible for the availability of, and content provided on, third party web sites, including opinions, advice, statements and advertisements, and understand that You bear the risk of using such content. You should refer to the policies posted by other web sites regarding privacy and other topics before You use them. If You choose to purchase any products or services from a third party, Your relationship is directly with the third party. You agree that zSpace is not responsible for any loss or damage of any sort You may incur from dealing with any third party.

Ownership

All materials on this Site and information contained therein, including but not limited to applications, audio, images, software, text, and video clips (the “Content”), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way You may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. Any unauthorized use of the Content on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. You further agree that when using Content from this site, You will not glean any material or information in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, nor is any such license implied nor granted.

Rules for Forums, Bulletin Boards, and Other User-Supplied Material

This Web Site may have an area which allows You to “chat” or upload and download materials. When using any of these areas, You agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else’s use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone’s copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication; or (8) contain false or misleading representations of products or services. You agree to comply with any additional terms which are referred to on this Web Site.

Responsibility for User’s Material

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although zSpace may from time to time monitor or review bulletin boards, forums, discussions, postings, transmissions, and the like on the Site, zSpace is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. zSpace may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate zSpace’s policies in any way. zSpace will fully cooperate with any law enforcement authorities or court order requesting or directing zSpace to disclose the identity of anyone posting such materials.

zSpace’s Rights to User’s Material

If You send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, You give up any claim that any use of such material violates any of Your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way zSpace uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by zSpace anywhere in the world, in any medium, forever. Furthermore, zSpace is free to use, without any compensation to You, any concepts, ideas, know-how, or techniques contained in any communication You send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, You agree and understand that zSpace is not obligated to use any such ideas or materials, and You have no rights to compel such use.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information You send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to zSpace does not cause zSpace to have any special responsibility to You.

Availability of Products and Services

The products and services displayed on the Site may not be available for purchase in Your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in Your particular location. You should check with zSpace for the availability of specific products and services in Your area.

FCC, Class B (Rev E hardware and later)

Certain zSpace products have been tested and found to comply with the limits for a Class B digital device pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference when the equipment is operated in a residential environment. These products generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the manufacturer’s instruction manual, may cause harmful interference with radio communications. Operation of these products in a residential area is likely to cause harmful interference, in which case You will be required to correct the interference at Your own expense.

These devices complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:

Devices may not cause harmful interference.

Devices must accept any interference received, including interference that may cause undesired operation.

Notice: The FCC regulations provide that changes or modifications not expressly approved by zSpace could void your authority to operate this equipment. These limits are designed to provide reasonable protection against harmful interference in a residential installation. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference with radio or television reception, which can be determined by turning the equipment off and on, you are encouraged to try to correct the interference by one or more of the following measures:

Reorient or relocate the antenna of the radio/television receiver.

Increase the separation between this equipment and the radio/television receiver.

Plug the equipment into a different outlet so that the equipment and the radio/television receiver are on different power mains branch circuits.

Consult a representative of zSpace, Inc. or an experienced radio/television technician for additional suggestions.

Right to Change These Terms and Conditions of Use or Content on the Site

zSpace may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, You are indicating Your acceptance of those changes. zSpace may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Indemnification

You agree to indemnify, defend, and hold zSpace and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in zSpace’s defense of any claim. zSpace reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of zSpace.

Disclaimer of Warranties and Damages; Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, ZSPACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ZSPACE’S NEGLIGENCE, SHALL ZSPACE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS, PRODUCT DESCRIPTIONS AND FUNCTIONS OF THIS SITE, EVEN IF ZSPACE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ONLY WARRANTIES FOR ZSPACE PRODUCTS AND SERVICES ARE SET FORTH IN THE EXPRESS WARRANTY STATEMENTS ACCOMPANYING THE APPLICABLE CUSTOMER AGREEMENT. NOTHING HEREIN SHOULD BE CONSTRUED AS CONSTITUTING AN ADDITIONAL WARRANTY. THE CONTENT WITHIN THE SITE IS PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES. ZSPACE SHALL NOT BE LIABLE FOR TECHNICAL OR EDITORIAL ERRORS OR OMISSIONS CONTAINED HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ZSPACE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

General Provisions

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between zSpace and You with respect to Your use of this Site. Any cause of action You may have with respect to Your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules.

ONLINE PRIVACY POLICY

zSpace, Inc. (“zSpace”) recognizes that its customers, visitors and users of zspace.com (the “Web Site”) value their privacy. The following privacy statement describes the practice of zSpace with respect to the collection, maintenance and disclosure of user information collected from the Web Site (our “Privacy Policy”).

Information Collected

As a user of this Web Site, You (“You”) can access and browse the features and functions of this Web Site. You are not required to provide zSpace with any personal information in order to access many of the features and functions, but in order to access certain features, functions and services made available via the Web Site, You must provide zSpace with certain personal information. If You choose not to provide zSpace with such personal information when requested, You will not be provided access to certain features, functions and services of the Web Site.

Use of Personal Information Collected

zSpace collects information in two ways:

Personal Information You Submit:If You access certain features and functions of the Web Site, zSpace collects certain personal information that You submit into data fields on this Web Site. For example, You may be required to submit Your name, postal address, email address, and/or other information in order to receive information about various subjects, access certain information about zSpace, register for zSpace services or programs, contact zSpace customer service, or respond to zSpace surveys. Personal information (e.g., name and email address) provided by You on this Web Site is used to provide services You have selected on the Web Site. Unless you instruct us otherwise, zSpace may contact you to provide information about products, services, promotions, contests, or other activities or offerings that may be of interest to you. You can instruct us whether or not you wish to be contacted by checking or removing the check from the box indicating your preference as applicable at the place where your information is collected, or by other means (such as an e-mail request). In addition, with each communication you receive from zSpace, you will be given the opportunity to indicate if you do not wish to receive future communications.

Passive Collection of Non-identifiable Information:Non-identifiable information about You, such as the URL of the Web Site You just visited and the Internet browser version You use when accessing the Web Site, are automatically transmitted to zSpace via your Internet browser. Passive information collection technologies can make Your use of the Web Site easier by allowing zSpace to provide better service, customize sites based on consumer preference, compile statistics, analyze trends, and otherwise administer and improve the Web Site. Information collected by these technologies cannot be used to identify You. Certain features of the Web Site may not work without use of passive information collection technologies. In addition to the uses described above, zSpace may use this non-identifiable information about you for marketing purposes. We may share and/or sell non-identifying information with our partners and third parties.

Third Party Links

This Privacy Policy applies solely to information collected by zSpace via this Web Site. This Web Site contains links to other Web Sites. Please be aware that zSpace has no control or influence over the privacy practices of such other Web Sites, nor any responsibility for collection or use of information about You by such other Web Sites. We encourage You to be aware when You leave the Web Site and to read the privacy policies of each and every Web site You visit.

Security

We take every reasonably available precaution to protect our users’ information. zSpace restricts access to all of our users’ information, not just to personal information. Only employees who need access to users’ information to perform a specific job are granted access to personal information. Furthermore, all employees are kept up-to-date on our security and privacy practices. If You have any questions about the security at the Web Site, You can send an email to marketing@zspace.com.

If You have questions about the use, amendment, or deletion of personal information that You have provided to us, or if You would like to opt out of future communications from zSpace, please contact us by emailing marketing@zspace.com. In all communications to zSpace, please include the e-mail address You used for registration (if applicable), the Web Site address on which You provided any personal information about which You have questions or concerns, and a detailed explanation of Your request.

Policy Changes

zSpace reserves the right to amend this Privacy Policy without prior notice. If zSpace changes its privacy practices, a new Privacy Policy will reflect those changes. Each time you visit this Web Site, you are agreeing to the terms and conditions of this Privacy Policy.

To report any technical problems with this website, you can e-mail us at: web ‘AT’ zspace.com.